What does it mean when a crime is discharged?

A discharge is a type of sentence imposed by a court whereby no punishment is imposed. Once the stated period has elapsed and no further offence is committed then the conviction may be removed from the defendant’s record.

What does discharge mean in court?

To liberate or free; to terminate or extinguish. Discharge also means to release, as from legal confinement in prison or the military service, or from some legal obligation such as jury duty, or the payment of debts by a person who is bankrupt. …

Is a discharge a pardon?

The answer is “no”. Technically, you do not have a conviction. But, a discharge will appear on your criminal record until purged. Most employers will not understand that a discharge is not a conviction as it will appear on your criminal record.

Is a discharge a conviction?

When you’re discharged , you don’t get a criminal conviction. You won’t have a criminal record unless you had one before. But there will be a temporary record of your discharge for a specific period of time.

What does it mean to discharge duties?

If someone discharges their duties or responsibilities, they do everything that needs to be done in order to complete them. [formal] …the quiet competence with which he discharged his many duties. Synonyms: carry out, perform, fulfil, accomplish More Synonyms of discharge.

How long does a conditional discharge last on your record?

How long will it be on my record? It will remain on the PNC indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.

What does discharged without conviction mean?

If a person pleads guilty to, or is found guilty of, an offence, usually they are convicted of that offence. However, a judge still has discretion not to convict that person. This is granting a discharge without conviction. It means the defendant, although guilty of an offence, will have no criminal record.

What does it mean when a court discharges a defendant?

An absolute discharge is an unconditional discharge whereby the court finds that a crime has technically been committed but that any punishment of the defendant would be inappropriate and the case is closed. In some jurisdictions, an absolute discharge means there is no conviction on the defendant’s record,…

What does absolute discharge mean in Criminal Court?

In some jurisdictions, an absolute discharge means there is no conviction on the defendant’s record, despite the plea of the defendant. A conditional discharge is an order made by a criminal court whereby an offender will not be sentenced for an offence unless a further offence is committed within a stated period.

What is the meaning of the word discharge?

discharge verb (ALLOW TO LEAVE) [ T ] to allow someone officially to leave somewhere, especially a hospital or a law court: Patients were discharged from the hospital because the beds were needed by other people. More than half of all prisoners discharged are reconvicted within two years.

Can a person be discharged if found innocent of a crime?

There is no basis for a discharge if the accused is found to be innocent. In some situations, there may be little or no harm to a particular victim and the conduct of the accused while criminal by definition, a trivial or unintentional crime and not a threat to society.

When is a discharge unlikely in a criminal case?

A discharge is unlikely if the offender had a previous conviction as only well-motivated persons ought to qualify. Another situation may be an accused person who while found guilty of a crime which caused little or no harm or threat to society, and found himself or herself significantly adversely affected by the commission of the crime.

What is the legal definition of a discharge?

The legal definition of Discharge is A sentence of a person found guilty of a crime in which that person does not receive a criminal record of conviction, either absolutely or conditionally. Menu Legal Reference

When does a court have the power to discharge an offender?

A court may grant a discharge only if it is “inexpedient to inflict punishment” and may not do so for certain firearms offences or ” three strikes ” offenders. The law on discharges is set out in sections 12 to 15 of the Powers of Criminal Courts (Sentencing) Act 2000.

When does a court discharge become an absolute discharge?

If the conditions of the discharge are met, it becomes an absolute discharge. A court may grant a conditional or absolute discharge only for offences with no minimum penalty and a maximum penalty of less than fourteen years.